Britons’ freedom of movement across the continent has expired since December 31, 2020, since the United Kingdom voted to leave the European Union in 2016.
As a result of this move, all EU citizens seeking entry into the country, as well as those who have previously lived in the UK, will be subject to new immigration rules that will take effect on January 1, 2021. All EU, EEA, and Swiss nationals are eligible to apply for Settled Status or Pre-Settled Status under the EU Settlement Scheme, depending on their date of arrival and cumulative “continuous residency.”
How can Rubens Immigration help ?
Our immigration lawyers at Rubens Immigration are OISC-trained and qualified to help you with all of your immigration concerns. If you need guidance proving your five years of continuous residency for the EU Settlement Scheme or advice on how to sponsor a loved one to join you, our family immigration solicitors are here to assist you. Industry-leading Application Support Packages as well as comprehensive, untimed Advice Sessions are all included in our services.
To know more about our tailored services, you could get in touch with our customer care service.
Does Rubens Immigration help with Settled Status application ?
If you are seeking Settled Status, our immigration solicitors will fully assist you. Despite the fact that the form is readily accessible online, you may require assistance in compiling a portfolio of proof to send to the Home Office. If you cannot confirm your continuous residency in the UK with a National Insurance Card, for example.
To have a clear understanding regarding the services we provide and the ways in which we could be of assistance, you may speak to our expert team of advisors.
Get in touch with our expert immigration lawyers to learn more on EU Settlement Scheme.
What is Settled Status and Pre-Settled Status ?
By the end of the Brexit transition period, which is 31 December 2020, you must have moved to or begun living in the UK, to apply for Settled Status via the EU Settlement Scheme.
Settled Status is similar to Indefinite Leave to Remain (ILR) as it also permits you to live, work, use the NHS, and come and go as you wish in the UK. You will not need to apply for a UK visa or satisfy any other immigration conditions if you have this form of permanent residency.
To obtain a Settled Status or Pre-Settled Status, depends upon how long you have resided in the UK.
You must have been normally resident in the UK as of December 31, 2020, and have accrued ‘continuous residency’ in the country for at least 5 years to be qualified for Settled Status. The five-year rule is crucial because, as of June 2021, those who have lived in the UK for less than five years will instead be granted Pre-Settled Status.
It is crucial not to forget that if you have been out of the UK for a long time, your continued citizenship may be called into question. You must have spent no more than 12 months at a time outside of the UK during your 5-year period to be eligible, unless you can show that your absences were caused by circumstances beyond your control and/or you have a valid excuse. For example, if you left the UK to give birth, if you or a family member were ill, if you were studying, or if you entered the military, armed forces, or served as a Crown servant, the Home Office could consider an exception for you.
You will be assigned Pre-Settled status, if you do not fulfill the five-year continuous residency requirement. You will move to Settled Status after 5 years of continuous residency in the UK under this type of permission. You will need to apply to switch, since this is not an automated operation.
How to Sponsor Family Members Under the EU Settlement Scheme
Under the EU Settlement Scheme, EU, EEA, and Swiss citizens can ‘sponsor’ family members to come and live with them in the UK. This includes children, spouses, unmarried partners, and other members of the immediate family.
You must have been a UK citizen as of 31 December 2020, to be eligible as the ‘sponsor’ of your family member, and the relationship with the family member must have already existed/begun before this date. In other words, if the relationship did not exist before January 2021, you would not be able to sponsor your loved ones to join you in the UK.
Furthermore, when the family member applies, the relationship must still exist.
If your family member is from the EU, EEA, or Switzerland, he or she can apply via the EU Settlement Scheme with a valid passport or ID card.
If a member of your family is not from the EU, EEA, or Switzerland, he or she must already have a valid UK residence card, permanent residence card, or derivative residence card. Otherwise, he or she would have to apply for a ‘family permit’ under the EU Settlement Scheme. Once they have successfully joined you in the UK, they may apply for Settled Status with the permit.
If a member of your family arrives in the UK on or after April 1, 2021, they must apply for Settled Status within three months of their arrival.
Your family member will be allowed to apply for a UK Visa instead, if you are unable to bring your loved one to the UK for whatever cause. For example, a UK Family Visa or UK Spouse Visa.
What is the EU Settlement Scheme ?
As a result of the post-Brexit immigration regulations, the EU Settlement Scheme is a provisional initiative aimed at registering all permanent European citizens and their family members. Although temporary, it has been expanded well past the original transitional duration to give everyone enough time to apply.
EU people with Settled or Pre-Settled Status should be certain that they will not be ordered to leave the country – or deported – at a later date, and that they will be able to live and work in the UK without interruption.
Nevertheless, you must apply before the deadline of June 30, 2021, since the scheme is only temporary.
